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Foreign patents to speed up the review mechanism and its reference to China

Author: HeYanXia
Tutor: FengXiaoQing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Patent To speed up the review mechanism Patent examination cycle Patent examination capacity
CLC: G306
Type: Master's thesis
Year: 2010
Downloads: 102
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Abstract


The patent to accelerate the review mechanism is of great significance both for the applicant and patent review body itself. Currently, America, Europe and South Korea and other countries and regions of the patent examination bodies in respect of patents to speed up the review mechanism and to develop a more comprehensive laws and regulations and incentives, has achieved a certain degree of effectiveness in the protection of patent applicants early national patent licensing. In addition, major patent examination bodies worldwide still carry out extensive international cooperation project \. Our current level of patent law has yet to make more detailed provisions to expedite the review of a patent. Our existing patent accelerate the review mechanism played a catalytic role to some extent, within a certain range for the applicant as soon as possible to obtain their patent licensing. However, in the terms of the normative applicability as well as the actual effect of the mechanism, there are still some problems. In addition, our current patent examination carried out international cooperation also has some limitations, gaps in help applicants quickly obtain the foreign patent licensing. Therefore, how to further standardize and perfect the patent to speed up the review mechanism to ensure the applicant as soon as possible to obtain a patent, to better safeguard their legitimate rights and interests, and promote the building of an innovative country, is an important issue worth studying. It is based on the above considerations, this article intends to make some exploratory research in the patent to speed up the review mechanism. Paper is divided into three parts introduction, body and conclusion. The introductory section mainly on the research background, the purpose of writing and research ideas. The text is divided into four chapters: Chapter patent expedite the review mechanism as a whole. Include the concept as well as the characteristics of the patent to speed up the review mechanism the preliminary summarized, to speed up the review mechanism to analyze patent. The second chapter introduces the patents of America, Europe and South Korea and other countries and regions to speed up the review mechanism. These countries and regions are more detailed regulations, both in terms of the relevant laws and regulations or policy support to accelerate the implementation of the review mechanism for the specification and to ensure that the patent has played an important role in promoting good practical effect. Actual experience for our reference. The third chapter \Applicant countries patents previously introduced to speed up a review mechanism to ensure fast access to the domestic patent licensing; while the contents of this chapter relates to how to ensure that the applicant quick access to foreign authorized. The fourth chapter discusses foreign patents to speed up the review mechanism of significance in China and China's countermeasures. First outlines foreign patents to speed up the review mechanism of significance in China, then for our current patent expedite the review mechanism of the status quo, the existing problems and the causes of the analysis. Finally, put forward some suggestions for how to speed up the review mechanism for the Improvement of the patent. The concluding part of the full text of the refining and summarizes the main points of this article.

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